AGRICULTURE CODE
TITLE 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL PRODUCTS
SUBTITLE A. SEED AND FERTILIZER
CHAPTER 61. INSPECTION, LABELING, AND SALE OF AGRICULTURAL AND
VEGETABLE SEED
§ 61.001. DEFINITIONS. In this chapter:
(1) "Agricultural seed" includes the seed of any
grass, forage, cereal, or fiber crop, any other kind of seed
commonly recognized in this state as agricultural or field seed,
and any mixture of those seeds.
(2) "Vegetable seed" includes the seed of any crop
that is grown in a garden or on a truck farm and is generally known
and sold in this state under the name of vegetable seed.
(3) "Advertisement" means a representation, other
than that on a label, disseminated in any manner or by any means and
relating to seed within the scope of this chapter.
(4) "Labeling" includes any written, printed, or
graphic representation in any form, including a label or an
invoice, accompanying and pertaining to seed in bulk or containers.
Acts 1981, 67th Leg., p. 1126, ch. 388, § 1, eff. Sept. 1, 1981.
§ 61.002. ADMINISTRATION; RULES. (a) The department
shall administer and enforce this chapter and may employ qualified
persons and incur expenses as necessary in performing those duties.
The number of persons employed shall be set in the General
Appropriations Act.
(b) The department may adopt rules as necessary for the
efficient enforcement of this chapter. Before adopting rules under
this chapter, the department shall conduct a public hearing on the
proposed rule or amendment.
(c) The department may establish and maintain or provide for
seed testing facilities as necessary to administer this chapter.
(d) Repealed by Acts 1993, 73rd Leg., ch. 978, § 3, eff.
Aug. 30, 1993.
(e) The department may cooperate with the United States
Department of Agriculture in the enforcement of seed law.
Acts 1981, 67th Leg., p. 1127, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1993, 73rd Leg., ch. 978, § 1, 3, eff. Aug. 30,
1993.
§ 61.003. CLASSIFICATION OF SEEDS. The department by
rule may classify and define types, kinds, classes, genera,
species, subspecies, hybrids, and varieties of agricultural,
vegetable, and weed seeds for the purposes of this chapter.
Acts 1981, 67th Leg., p. 1127, ch. 388, § 1, eff. Sept. 1, 1981.
§ 61.004. LABELING OF AGRICULTURAL SEED. (a) Except
as otherwise provided by this section, each container of
agricultural seed that is sold or offered or exposed for sale in
this state shall bear or have attached in a conspicuous place a
plainly written or printed label in English that contains the
following information relating to the contents of the container:
(1) the name of the kind or the kind and variety of
each agricultural seed component present in excess of five percent
of the whole, and the percentage by weight of each;
(2) the lot number or other lot identification;
(3) for each named agricultural seed:
(A) the percentage of germination, exclusive of
hard seed, as determined by rule of the department;
(B) the percentage of hard seed, if present; and
(C) the calendar month and year that the test was
completed to determine the percentage of germination and hard seed;
(4) The percentage by weight of agricultural seeds
other than those named on the label;
(5) the origin, if known, of all agricultural seeds;
(6) the percentage by weight of all weed seeds;
(7) the name and number per pound of each noxious weed
seed;
(8) The percentage by weight of inert matter;
(9) the net weight; and
(10) the name and address of the person who labeled the
seed or who sells or offers or exposes the seed for sale.
(b) If in accordance with the rules of the department the
kind of seed in a container is generally labeled by variety but the
label does not state the variety, the label shall show the name of
the kind and be printed with: "Variety Not Stated." The label on
hybrid seed shall state that the seed is hybrid. A person may not
use the word "type" in any labeling in connection with the name of
an agricultural seed variety.
(c) If the origin of the seed is unknown, the label shall
state that the origin is unknown.
(d) The noxious weed content shall be determined according
to the method prescribed under Section 61.008 of this code and the
stated content is subject to the tolerances established under that
section.
(e) Following the statement of germination and hard seed, a
label may show a statement of total germination and hard seed.
(f) If, in accordance with rules of the department, a
container of seed is sold on a pure live seed basis, the label on the
container must contain the information required by Subsection (a)
of this section, except:
(1) the label need not show:
(A) the percentage by weight of each agricultural
seed component, as required by Subdivision (1) of Subsection (a) of
this section; or
(B) the percentage by weight of inert matter, as
required by Subdivision (8) of Subsection (a) of this section; and
(2) the label must show for each named agricultural
seed, instead of the information required by Subdivision (3) of
Subsection (a) of this section:
(A) the percentage of pure live seed, determined
in accordance with rules of the department; and
(B) the calendar month and year in which the test
determining the percentage of pure live seed was completed.
(g) The department by rule may provide that a label show an
expiration date in lieu of the calendar month and year of a
germination or pure live seed test.
Acts 1981, 67th Leg., p. 1127, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1985, 69th Leg., ch. 151, § 1, eff. May 24, 1985.
§ 61.005. LABELING OF VEGETABLE SEED. (a) Each
container of vegetable seed that is sold or offered or exposed for
sale in this state shall bear or have attached in a conspicuous
place a plainly written or printed label in English that provides
the information relating to the contents of the container required
by this section.
(b) If the container weighs one pound or more, the label
shall show:
(1) the name of each kind and variety of vegetable seed
component present in excess of five percent of the whole and the
percentage by weight of each in order of predominance;
(2) the kind and variety of seed;
(3) the lot number or other lot identification;
(4) the germination and the date of the test to
determine germination;
(5) the name and number of noxious weed seeds per
pound; and
(6) the name and address of the person who labeled the
seed.
(c) If the container weighs less than one pound, the label
shall show:
(1) the kind and variety of seed;
(2) the calendar month and year of the germination
test or the year for which the seed was packaged;
(3) if the percentage of germination is less than the
standard prescribed by rule:
(A) the percentage of germination, exclusive of
hard seed;
(B) the percentage of hard seed; and
(C) the words "Below Standard" printed in a size
not smaller than eight-point type; and
(4) the name and address of the person who labeled the
seed.
(d) The labeling requirements of this section are met if the
seed is weighed from a properly labeled container in the presence of
the purchaser.
(e) The department by rule may provide that a label show an
expiration date in lieu of:
(1) the calendar month and year of a germination test;
or
(2) the year for which the seed was packaged.
Acts 1981, 67th Leg., p. 1128, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1985, 69th Leg., ch. 151, § 2, eff. May 24, 1985.
§ 61.006. LABELING OF TREATED SEED. (a) Seed that has
been subjected to a treatment, or to which a substance has been
applied, for the purpose of reducing, controlling, or repelling
disease organisms, insects, or other pests that attack seeds or
seedlings shall be labeled in accordance with rules of the
department.
(b) The public hearing required by Section 61.002 of this
code for rulemaking under this section shall be conducted in
Austin.
Acts 1981, 67th Leg., p. 1128, ch. 388, § 1, eff. Sept. 1, 1981.
§ 61.007. CERTIFIED SEED. (a) A person may not sell or
offer, expose, or transport for sale agricultural or vegetable seed
that is represented by labeling or an advertisement to be certified
seed unless:
(1) a seed certifying agency has determined that the
seed conforms to standards of purity and identity as to kind,
species, subspecies, or variety in accordance with the rules of the
certifying agency; and
(2) the seed bears an official label issued by a seed
certifying agency certifying that the seed is of a specific class,
kind, species, subspecies, or variety.
(b) A person may not sell or offer, expose, or transport for
sale seed labeled by variety name but not certified by an official
seed certifying agency if it is a variety required by federal law to
be sold only as a class of certified seed, except that seed from a
certified lot may be labeled by variety name if used in a mixture
by, or with the approval of, the owner of the variety.
Acts 1981, 67th Leg., p. 1129, ch. 388, § 1, eff. Sept. 1, 1981.
§ 61.008. NOXIOUS WEED CONTENT. The department by rule
may classify noxious weeds and establish the rate allowed or
prohibit the inclusion of a noxious weed in a container of
agricultural or vegetable seed.
Acts 1981, 67th Leg., p. 1129, ch. 388, § 1, eff. Sept. 1, 1981.
§ 61.009. GERMINATION AND PURITY TESTING. (a) All
agricultural or vegetable seed sold or offered, exposed, or
transported for sale in this state shall be tested to determine the
percentage of germination.
(b) Except as otherwise provided by this subsection, the
germination test shall be performed within nine months, not
including the calendar month in which the test was completed,
immediately prior to being sold or offered, exposed, or transported
for sale. The department by rule may designate a period of time
longer than nine months if the department finds that the seed is
packaged in a container or under conditions that will maintain the
viability of the seed under ordinary conditions of handling during
the longer period of time.
(c) At the request of a farmer or dealer, the department may
conduct or provide for the testing of seed for purity and
germination. The department may fix by rule and collect fees for
tests made under this subsection.
Acts 1981, 67th Leg., p. 1129, ch. 388, § 1, eff. Sept. 1, 1981.
§ 61.010. INSPECTION OF SEED. (a) At the time, place,
and to the extent the department considers necessary, the
department shall sample, inspect, analyze, and test agricultural
and vegetable seed transported, sold, or offered or exposed for
sale in this state for sowing purposes in order to determine if the
seed is in compliance with this chapter. The department shall
promptly notify of any violation the person who transported, sold,
or offered or exposed the seed for sale.
(b) The department shall adopt rules governing the methods
of sampling, inspection, analysis, and testing and the tolerances
to be allowed in the administration of this chapter. The rules
adopted shall be in general accord with officially prescribed
practice in interstate commerce.
(c) In order to gain access to seed or to records from
authorized personnel, the department is entitled to enter any
public or private premises during regular business hours or any
land, water, or air conveyance at any time when the conveyance is
accessible.
Acts 1981, 67th Leg., p. 1129, ch. 388, § 1, eff. Sept. 1, 1981.
§ 61.011. AGRICULTURAL SEED INSPECTION FEE AND
PERMIT. (a) A person who sells, or offers, exposes, or otherwise
distributes for sale agricultural seed within this state for
planting purposes shall pay an inspection fee in the manner
provided by Subsection (b) or (c) of this section. A person may not
use both procedures for fee payment. The person shall pay the fee
during each germination period that the seed remains offered or
exposed for sale. If the germination test has expired on any seed,
the custodian of the seed is responsible for payment of the fee.
(b) In order to pay the fee, a person may purchase from the
department a label known as the "Texas Tested Seed Label." The
department by rule may prescribe the form of the label and the
manner of showing the information required by Section 61.004 of
this code. The purchaser shall attach the label to each container
of seed sold or offered or otherwise distributed for sale. If the
seed is in bulk, the person selling or offering, exposing, or
otherwise distributing the seed for sale shall furnish the
purchaser one Texas Tested Seed Label for each 100 pounds or
fraction of 100 pounds of seed.
(c) Instead of purchasing a Texas Tested Seed Label, a
person may pay the fee on the total number of pounds of seed sold or
offered, exposed, or otherwise distributed for sale in this state.
In order to pay the fee on this basis, the person must apply to the
department for a permit. The department shall issue to each
applicant a permit bearing an assigned number. The holder of the
permit shall:
(1) maintain records, as required by the department,
that accurately reflect the total pounds of seed subject to the fee
that are handled, sold, or offered or distributed for sale;
(2) file with the department quarterly sworn reports
covering the total pounds of all sales of seed subject to the fee
sold during the preceding quarter; and
(3) affix to each container of seed subject to the fee
or to the invoice of subject seed sold in bulk a plainly written
statement of the information required under Section 61.004 of this
code.
(d) Quarterly reports filed under Subsection (c)(2) of this
section are due within 30 days after the last day of November,
February, May, and August. Unless filed in accordance with prior
written approval of the department for late filing, a person who
does not file the report within the allotted time shall pay to the
department a penalty fee, as provided by department rule.
(e) The department is entitled to examine the records of a
permittee under Subsection (c) of this section during regular
business hours. If the permittee is located outside of this state,
the permittee shall maintain the records and information required
by Subsection (c) of this section in this state or pay all costs
incurred in the auditing of records at another location. The
department shall promptly furnish to the permittee an itemized
statement of any costs incurred in an out-of-state audit and the
permittee shall pay the costs not later than the 30th day following
the date of the statement.
(f) The department may set the fee, prescribe and furnish
forms, and require the filing of reports necessary for the payment
of the inspection fee.
Acts 1981, 67th Leg., p. 1130, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1993, 73rd Leg., ch. 978, § 2, eff. Aug. 30,
1993; Acts 1995, 74th Leg., ch. 419, § 2.22, eff. Sept. 1, 1995.
§ 61.012. CANCELLATION OR REVOCATION OF AGRICULTURAL
SEED PERMIT. (a) The department may cancel an agricultural seed
permit issued under Section 61.011(c) of this code if the permittee
fails to observe the rules adopted, to file a report required, or to
pay a fee required under that section.
(b) The department shall revoke the permit of any person who
fails either to maintain records in this state or to pay for an
out-of-state audit under Section 61.011(e) of this code.
Acts 1981, 67th Leg., p. 1131, ch. 388, § 1, eff. Sept. 1, 1981.
§ 61.013. VEGETABLE SEED LICENSE. (a) A person may not
sell or offer, expose, or otherwise distribute for sale vegetable
seed for planting purposes in this state unless the person
possesses a valid vegetable seed license issued under this section.
(b) The department may fix by rule and collect a fee for the
issuance of a vegetable seed license.
(c) An applicant for a vegetable seed license shall apply
for the license on forms prescribed by the department.
(d) A vegetable seed license expires on August 31 of each
year.
(e) A person who sells or offers, exposes, or otherwise
distributes for sale vegetable seed in containers bearing the name
and address of a licensee under this section is not required to be
licensed under this section.
Acts 1981, 67th Leg., p. 1131, ch. 388, § 1, eff. Sept. 1, 1981.
§ 61.0135. REVOCATION, MODIFICATION, OR SUSPENSION OF
LICENSE. (a) The department shall revoke, modify, or suspend a
license, assess an administrative penalty, place on probation a
person whose license has been suspended, or reprimand a licensee
for a violation of this chapter or a rule adopted by the department
under this chapter.
(b) If a license suspension is probated, the department may
require the person to:
(1) report regularly to the department on matters that
are the basis of the probation;
(2) limit practice to the areas prescribed by the
department; or
(3) continue or renew professional education until the
person attains a degree of skill satisfactory to the department in
those areas that are the basis of the probation.
(c) If the department proposes to revoke, modify, or suspend
a person's license, the person is entitled to a hearing conducted
under Section 12.032. The decision of the department is appealable
in the same manner as provided for contested cases under Chapter
2001, Government Code.
Added by Acts 1989, 71st Leg., ch. 230, § 38, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept.
1, 1995; Acts 1995, 74th Leg., ch. 419, § 3.08, eff. Sept. 1,
1995.
§ 61.014. STOP-SALE ORDER. (a) If the department has
reason to believe that agricultural or vegetable seed is in
violation of any provision of this chapter, the department may
issue and enforce a written or printed order to stop the sale of the
seed. The department shall present the order to the owner or
custodian of the lot of seed. The person who receives the order may
not sell the seed until the seed is discharged by a court under
Subsection (b) of this section or until the department finds that
the seed is in compliance with this chapter.
(b) The owner or custodian of seed prohibited from sale by
an order of the department is entitled to sue in a court of
competent jurisdiction where the seed is found for a judgment as to
the justification of the order and for the discharge of the seed in
accordance with the findings of the court.
(c) This section does not limit the right of the department
to proceed as authorized by another section of this chapter.
Acts 1981, 67th Leg., p. 1131, ch. 388, § 1, eff. Sept. 1, 1981.
§ 61.015. SEIZURE OF SEED NOT IN COMPLIANCE. (a) The
department may sue in a court of competent jurisdiction in the area
in which the seed is located for the seizure of any lot of
agricultural or vegetable seed that is not in compliance with this
chapter.
(b) If the court finds that the seed is not in compliance
with this chapter, the court may condemn the seed. Condemned seed
shall be denatured, processed, destroyed, relabeled, or otherwise
disposed of in accordance with the law of this state.
(c) The court may not condemn the seed unless the owner or
custodian of the seed is given the opportunity to apply to the court
for the release of the seed or for permission to condition or
relabel the seed to bring it into compliance with this chapter.
Acts 1981, 67th Leg., p. 1131, ch. 388, § 1, eff. Sept. 1, 1981.
§ 61.016. EXCEPTIONS. (a) Sections 61.001,
61.003-61.005, and 61.008 of this code do not apply to:
(1) seed or grain not intended for sowing purposes;
(2) seed in storage for cleaning or conditioning, if
the label or other records pertaining to the seed bear the phrase
"seed for conditioning"; or
(3) seed being transported or consigned to a seed
cleaning or conditioning establishment for cleaning or
conditioning, if the invoice or labeling accompanying the seed
bears the phrase "seed for conditioning."
(b) The exceptions provided by Subsection (a) of this
section do not affect the criminal liability of a person for false
or misleading labeling or advertising of unclean seed under Section
61.018 of this code.
(c) This chapter does not prevent one farmer from selling to
another farmer seed grown on his or her own farm without having the
seed tested or labeled as required by this chapter if the seed:
(1) is not advertised in the public communications
media outside the vendor's home county;
(2) is not sold or offered or exposed for sale by an
individual or organization for the farmer; and
(3) is not shipped by a common carrier.
Acts 1981, 67th Leg., p. 1132, ch. 388, § 1, eff. Sept. 1, 1981.
§ 61.017. PROSECUTIONS. (a) If the department has
reason to believe that a person has violated any provision of this
chapter, the department shall conduct a private hearing on the
alleged violation, giving the accused the opportunity to appear
and, either in person or by agent or attorney, present evidence.
After the hearing, or without a hearing if the accused or the agent
or attorney of the accused fails or refuses to appear, the
department may file with the appropriate district or county
attorney the evidence of the violation or take other steps
necessary to institute the prosecution of the violation. Venue for
the prosecution is in the area in which the violation occurred.
(b) The county or district attorney or the attorney general,
as applicable, shall institute proceedings at once against the
person charged with the violation, if in his or her judgment the
information submitted warrants the action.
(c) After judgment by a court in any case arising under this
chapter, the department may publish any information pertinent to
the issuance of the judgment in any media that it considers
appropriate.
Acts 1981, 67th Leg., p. 1132, ch. 388, § 1, eff. Sept. 1, 1981.
§ 61.018. PENALTIES. (a) A person commits an offense
if the person sells or offers, exposes, or transports for sale
agricultural or vegetable seed within this state that:
(1) has not been tested for germination in accordance
with Section 61.009 of this code;
(2) is not labeled in accordance with Section 61.004,
61.005, or 61.006 of this code, as applicable;
(3) has false or misleading labeling;
(4) is represented by a false or misleading
advertisement;
(5) contains noxious weed seeds in excess of the
limitations per pound, allowing for tolerances, prescribed under
Section 61.008 of this code;
(6) has labeling or advertising subject to this
chapter that represents the seed to be certified in violation of
Section 61.007 of this code; or
(7) is labeled by variety name in violation of Section
61.007(b) of this code.
(b) A person commits an offense if the person:
(1) detaches, alters, defaces, or destroys any label
provided for in this chapter or the rules adopted under this
chapter;
(2) alters or substitutes seed in a manner that may
defeat the purposes of this chapter;
(3) disseminates a false or misleading advertisement
concerning agricultural or vegetable seed;
(4) fails to comply with a stop-sale order issued
under Section 61.014 of this code;
(5) hinders or obstructs an authorized person in the
performance of duties under this chapter;
(6) uses the word "type" in violation of Section
61.004(b) of this code; or
(7) violates any other provision of this chapter.
(c) An offense under this section is a Class C misdemeanor.
(d) If a person is prosecuted under this section for selling
or offering or exposing for sale in this state agricultural or
vegetable seed that is incorrectly labeled or represented as to
kind, variety, type, treatment, or origin and that cannot be
identified by examination, it is a defense to prosecution that the
defendant obtained an invoice or grower's declaration giving kind,
kind and variety, or kind and type, treatment, and origin, if
required.
Acts 1981, 67th Leg., p. 1132, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 39, eff. Sept. 1,
1989.
